Punjab-Haryana High Court
Sani @ Sukhchain Singh vs State Of Punjab on 2 November, 2023
RAJ KUMAR
2023.11.02 16:32
2023:PHHC: 139594
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
104
CRM-M_No.54650 of 2023
DATE OF DECISION : 2"? NOVEMBER, 2023
Sani @ Sukhchain Singh
...- Petitioner
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
kk
Present: | Mr. Karamjit Verma, Advocate for the petitioner.
OK Ok 3K
RAJBIR SEHRAWAT, J. (Oral)
1. The present petition has been filed by the petitioner under
Section 438 of the Code of Criminal Procedure, for grant of anticipatory
bail in case FIR No.170 dated 23.08.2023 registered under Sections 323,
324, 452, 379-B, 427, 506 & 34 IPC at Police Station Machhiwara,
District Ludhiana.
2. The counsel for the petitioner has submitted that the case
against the petitioner is totally frivolous and concocted one. The
petitioner is not involved in the crime as alleged against him. Even as
per the story of the prosecution there is no specific allegation levelled
against him. The petitioner is involved by the complainant by levelling
general allegations qua causing injury to the complainant and snatching
of gold chain. Even as per that version of the complainant, the petitioner
has attributed only simple injury having been caused to the complainant.
There is no other case against the petitioner. The petitioner shall join the
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CRM-M_No.54650 of 2023 2023:PHHC: 139594
investigation as and when called by the police. Hence, the petitioner
deserves to be protected against his arrest in the present case.
3. Notice of motion.
4. Mr. Sandeep, Additional Advocate General, Punjab, accepts
notice on behalf of the State.
5. The counsel for the State, on instructions from ASI Sanjeev
Kumar, has submitted that the petitioner was member of the group which
entered into the house of the complainant and attacked him and his
family members. The gold chain was also snatched by the petitioner
along with his co-accused. However, it is not disputed by counsel for the
State that there is no specific allegation against the petitioner qua
snatching of gold chain, injury attributed to the petitioner is found simple
in nature, and that there is no other case against him.
6. In view of the above, the present petition is allowed. In the
event of arrest, the petitioner be released on interim bail subject to his
furnishing personal bonds/surety to the satisfaction of Arresting/
Investigating Officer. However, the petitioner shall join the investigation as
and when called upon to do so and shall abide by the conditions as provided
under Section 438(2) Cr.P.C.
27 November, 2023 (RAJBIR SEHRAWAT)
'raj' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
RAJ KUMAR
2023.11.02 16:32
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integrity of this document/judgment
